The panel of judges of the Sixth Administrative Court of Appeal of Kyiv has fully satisfied the appeal of Ukrenergo and the NEURC in the case on the claim of the Nikopol Ferroalloy Plant and a number of consumers regarding the cancellation of the Resolution of the National Energy and Utilities Regulatory Commission No. 1622 of 1 August 2019 on setting a tariff for dispatching services. The relevant decision was made by the Court on 2 February 2021, thereby canceling the decision of the District Administrative Court of Kyiv, which was previously made in favour of the plaintiff.
Thus, the court recognized the legality and full compliance of NPC Ukrenergo’s dispatching tariff established by the above-mentioned Resolution of the Regulator.
In this regard, we emphasize that now there are no grounds for returning the funds paid for dispatching services in accordance with Resolution No. 1622 of 1 August 2019 or for recalculating the corresponding payments.
It is to be recalled that in December 2020, the High Court of Cassation returned for reconsideration the case on the claim filed by the Nikopol Ferroalloy Plant on cancellation of tariffs for Ukrenergo’s services in the second half of 2019 (approved by NEURC Resolutions No. 954 and No. 955 of 7 June 2019 and No. 1411 of 12 July 2019). The panel of judges concluded that the court of first instance considered the case on the claim of Nikopol Ferroalloy Plant with a gross violation of the mandatory requirements of the procedural law.
Ukrenergo urges all market participants to treat in good faith their obligations of paying for the services provided by the Company for electricity transmission and dispatch (operational and technological) control.
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